High court to hear latest redistricting row
May 23, 2003
Rocky Mountain News
The Colorado Supreme Court agreed Thursday to hear arguments on Secretary of State Donetta Davidson's request to stop Attorney General Ken Salazar from suing her.But in the latest round of fighting over a Republican congressional redistricting map passed in the final days of the recent legislative session, the court refused her request to throw out Salazar's lawsuit.
So now the state's highest court has agreed to hear the suit by Colorado 's leading Democratic office holder against an elected official he normally represents. And it will hear her claim that he should be barred from suing her because he's her attorney.Davidson had no immediate comment on the court's action, but Salazar did.
"This has been a momentous few weeks legally for the people of Colorado and their government," Salazar said. The Colorado Supreme Court's decisions in the case will be fundamental to the workings of state government, he said.
"All of Colorado 's citizens, whatever their political interests or leanings, are going to be affected for many years into the future."
The court gave Salazar until June 23 to file a brief in Davidson's motion against him. But that's one week after the June 16 deadline it gave Davidson to explain why Salazar's suit against her shouldn't be granted. He has asked that the new congressional map not be enacted.
It was just the latest twist in the in-court and out-of-court bickering over a GOP map that Republicans rammed through the Colorado General Assembly in its final three days.
Colorado Democrats have filed suit in Denver District Court saying the action was unconstitutional. But Salazar has filed suit in Colorado Supreme Court, saying lawmakers can't redo what a Denver District Court did last year in approving a map.
He claims redistricting can only be done once every decade after a census.
"It's all going to wind up in the U.S. Supreme Court," predicted Sen. John Evans, R-Parker, who chairs the legislative legal services committee.
His committee earlier in the day hired a Republican attorney, former solicitor general Richard Westfall, to represent the legislature in both redistricting court battles.
Democrats objected, arguing that taxpayers shouldn't foot the $160-an-hour fee to defend a map that Republicans want in order to solidify their hold on five of Colorado 's seven congressional seats.
The new map would improve GOP voter margins in two voter districts - the new suburban 7th District, which is now almost evenly divided between Republicans, Democrats and Independents, and the Western Slope 3rd District.
"President Bush raised $22 million for Republicans last night in a fund-raiser," said Sen. Dan Grossman, D-Denver.
"Did anyone here call Karl Rove (President Bush's chief political adviser) to ask if any money was available from the (Republican National Committee) since this (redistricting) was his idea in the first place?"
The resolution to hire Westfall, who represented Congressman Bob Beauprez in the 7th District recount and Republicans in the Denver District Court congressional fight a year ago was approved 6-3 on a straight party-line vote.
Hiring Westfall "creates both the appearance and reality that state tax dollars are being used to advance the partisan political agenda of the Republican Party," complained Sen. Ken Gordon, D-Denver. "Do we really want to hire Bob Beauprez's lawyer?"
Sen. Jim Dyer, R-Arapahoe County , noted, however, that the lawsuits in both courts were filed by Democrats.
The legislature has $40,000 left in the current budget to spend on outside counsel and $60,000 in the 2003-'04 fiscal year beginning July 1, according to Charley Pike, deputy director of the legislature's legal services staff.
